As our country becomes more thickly populated, the greater will competition be; and it follows that new phases of business will be developed to meet the tightening influence felt and sometimes the means or plans adopted to meet these exigencies are not always holy or honorable, which, of course, forces on the guardians of respectability the responsibility of restraining those evil influences which would destroy the noble principles of our profession.

Pharmacy is a progressive profession and if it is given thought, it is not difficult to discern some of the changes that have taken place.

Pioneer pharmacy was a crude affair and the decoctions and concoctions that were prepared for the sick were quite different from the pleasant elixirs of today. The ancient bolus-gigantic in size and with hairy coat-of-mail-would be forbidding indeed.in this age of high concentrations, making possible the small, smooth, shining, colored pills, granules and tablets that adorn our shelves today. It has been a long step and yet the busy toiler with mass and solution has lived, loved and silently toiled in seclusion and has, hermit-like, avoided the public, and today he stands before the world like a great, big, unsophisticated youth in his guileless strength of unconscious power.

Picture, if you can, this sleeping Goliath begging for protection from the mercenary assualts of charlatan poachers, who prey upon respectable pharmacy; and cunningly hidden is the political poltroon who seeks through legislative channels to force upon the druggists a vassalage that hangs over them like a Damoclean sword, threatening their liberty, prosperity, respectability and happiness-and this under the veiled guise of beneficent and protective legislation.

Look for a moment at the present Insecticide and Fungicide Law enacted by recent Legislature. It is so vicious in its severity that the Agricultural Commission has had to suspend enforcement. The druggists of this state are certainly grateful to the official gentlemen of this great commonwealth, who seem to hold the pharmacists of this State in their keeping, and generously grant them permission to continue in business while they remain out of jail.

While taking passing notice of this law, let us watch some of the workings of it; we do not know of any better way to give you a grasp of the situation, and at the same time a comprehensive understanding of what the law in question is, and what it evidently is expected to do by those who designed its framing, than to include and embody in this report, the report made in the MIDLAND DRUGGIST & PHARMACEUTICAL REVIEW of the case recently brought before Judge Kinkead in the Franklin County Courts, and to the end that it may be fully understood, I am going to read it; but before doing so, in order that no misunderstanding may arise, will say that the Insecticide and Fungicide Law which will be referred to, is in no way the creature of or under the direction of the Food and Drug officials.

SINCE

THE OHIO CASES.†

INCE our last report the Common Pleas Court of Franklin County has handed down a decision in the Stock Food and Conditioner case, which decision we print herewith. It will be seen by this that the second law has also been declared unconstitutional in the lower courts. The decision carries, of course, the privilege to appeal, which will in all probability be used so that the Stock Medicine case is now in the same situation as the Insecticide case.

As before reported, these cases cannot be heard in the Court of Appeals before Fall, probably very late in the Fall. It seems almost a foregone conclusion that neither of these cases will ever get beyond the Court of Appeals for the reason that a session of the legislature will be on in January and it is almost certain that one side or the other in this contest, and possibly both, will present bills to the new legislature and force them for enactment into law to supersede the present disputed

measures.

It would be the part of wisdom for the Legislative Committee of the Association to get in touch early with those interested in the enactment of laws of the nature of these two in order that a new measure may be drawn free from the objectionable features complained of in the present law and be entirely fair to all and capable of proper administration.

† Editorial, MIDLAND REVIEW.

IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO.

KINKEAD, Judge.

BENJ. F. HORNBECK, ET AL., Plaintiffs,

VS.

HOMER C. PRICE, ET AL., Defendants.

Evidence was taken in this case because it was not the desire of the court to render final judgment on the constitutionality of the law in question without testimony concerning its operation. This was prompted by the argument by counsel for the defendants on demurrer to the petition of facts in opposition to those pleaded by plaintiffs in the petition. The desire was to hear these facts before making final order in this case.

Testimony was produced only by the plaintiffs, defendants not wishing to offer any because it is contended that the facts stated in the petition do not constitute a cause of action. No other argument is made; we are unable to understand the position of defendants.

Nothing need be stated in this opinion in addition to the reasons given in the decision involving the insecticide law, except to refer to the evidence.

The evidence discloses the following situation: There are about 4500 retailers (dealers in feed stuffs)* each of them handling on an average of ten brands who will pay $25.00 on 45000 brands from which revenue will be derived amounting to $1,125,000.00.

There are about 110 wholesalers (druggists)* most of whom also retail. A fair average of the brands would be by a conservative basis about 200, which would make 22000 different brands yielding $550,000.00.

There are 2500 to 3000 retailers exclusively (druggists)*. The average number of brands handled by them in the small towns and villages would be 50 and in the larger towns 10. Assigning 1000 dealers to the small towns and villages would make 50,000 different brands at $25.00, yielding $1,250,000.00.

Allowing 1500 for the larger towns would make 15,000 different brands at $25.00 would yield $375,000.00.

Seven hundred and fifty millers in the state, which is a safe average, who would produce an average of five brands-750×5=3750×$25, would yield, $93,750.00. Total revenue, $3,393,750.00. The testimony shows the expense of administering the law to be

There are 668 license fees already paid in under this law from which there has been derived $16,700.00, a considerable proportion of which has been paid by parties outside of the state which have not been included in the above estimate.

It is thus apparent that the law transcends the bounds of police regulation and that it is designed to obtain revenue. For this reason and for the reasons stated in Janes vs. Graves and in Topping et al vs. Price et al., No. 67225, the law is declared to be invalid and unconstitutional.

It is a significant fact as shown by the testimony of the officer in charge of the department that neither under the previous law nor so far under this one, that the department has never refused a license to anyone applying, nor after the sample has been taken and the analysis been made, has the dealer been compelled to withdraw his product from sale.

It is well worth noting that while the insecticide and fungicide act contain specific provisions as to when the articles therein embraced shall be regarded as "misbranded" or "adulterated" within the meaning of the act, the law under consideration contains no such specific provision. It is true that section 1126 provides a penalty for selling or offering for sale feed stuffs containing a smaller percentage of crude protein and a smaller percentage of crude fat or a larger percentage of crude filler (fibre)* than it is certified to contain, still it provides no penalty for falsely certifying as to the other ingredients in the feed stuffs. This does not tend to further the interests of the public health, safety and welfare, which is the object of police regulation.

The finding is that the law is unconstitutional and a final decree may be drawn in accordance with the prayer of the petition.

An appeal bond may be fixed at $100.00.

* Explanatory words in parenthesis supplied by editor.

Barring the restraint of the aforesaid injunction, which may be subject to review by a higher Court, the non-enforcement of this noxious law by the Agricultural Commission does not remove the liability of the druggists, or the accountability of the Agricultural Commission, for there would be no impediment. Let us ask why should the druggists of Ohio be placed in such a precarious position by the enactment of any law? Are we, as druggists, a public menance? Have we committed crimes that would outlaw us from the protection of the law as ordinary citizens? If not, why this unjust discrimination?

The real, unvarnished truth of the matter is this: In the past the druggists have refused to take any active part in politics and have not kept in touch with legislative matters, they being content to conduct their business in an unobtrusive way, and only when they are confronted with a jail sentence or given a shock to their financial nerve do they awaken; and great indeed is their surprise when they discover the regrettable plight into which they are suddenly thrown.

Just think, gentlemen, we have 3,000 druggists in Ohio, all members of our association except about 500! And yet, our last Legislature was permitted to put over a law that places every druggist in Ohio at the mercy of the Agricultural Commission! Is this as it should be? Undeniably NO! Let us ask, what is the remedy?

Let the druggists of Ohio rise to the seriousness of the moment and the importance of the occasion, elect men to the legislature who are not inimical to their interests and extend their manifest interest to the high office of Governor.

Fellow druggists, if this short dissertation will serve to arouse you from your lethargy, one of the objects of this report will have been attained-this to the end of a full comprehension of the true condition of affairs now affecting the pharmacists of this state and sister states as well, and may it stir you to take an active part in politics and see to it that only just and capable men are elected to legislative bodies. Then, and not until then, will we get a square deal and have just laws that do not strike at those principles that are essential to clean pharmacy and unjustly encumber us with tax burdens to serve a doubtful purpose and end.

There are a number of subjects that should be taken up and among them is the Stevens Bill, now before the national Congress. We understand it has passed the House and is now in the hands of the Senate. We are also informed that Senator Pomerene says the Stevens Bill is vicious and should be defeated. Reputable pharmacists know that if the bill is enacted into a law, it would do away with cut-throat, cut-rate warfare where price and bulk are foisted before the people, while quality is cast adrift to the wilds of earth to satisfy a morbid desire to do business on the department-store plan. Druggists should watch the attitude of Senator Pomerene and act accordingly when he comes up for re-election.

The fact must not be forgotten that the 3,000 Buckeye drug stores directly control 6,000 votes and indirectly should easily control 25,000 votes, and notice should be served upon all legislators that from now henceforward, druggists are going to fight for their rights, regardless of party affiliation. If we do this collectively, we will have the respect and confidence of those who seek legislative positions and the great body politic.

At the present time we are confronted with the Itinerant Vendor, and druggists in the smaller towns and villages are continually menanced by this class. This evil would have been eradicated if the druggists of Ohio had rendered the proper support during the 79th General Assembly of Ohio, when Senator U. S. Grant Deaton introduced the bill and secured its passage in the Senate, only to have the bill strangled in the House where it died in committee. Here again, we see the necessity of having legislators friendly to those who represent clean pharmacy. Let us wake up and support these men who will stand by us, and we need friends in our National Congress as well as in our State Legislature, and the time to begin work on this is-NOW.

Mr. Lantz, of Oak Harbor, who is a worthy member of this association, has adopted a plan that has proved a success in counteracting the competition and influence of the Itinerant Vendors. These plans can best be explained by Mr. Lantz who is conversant with all the details connected therewith.

The lack of funds in our treasury for legitimate needs suggests that our annual dues be raised to five dollars, which is indeed low. If the interests of the druggists are to be furthered and their rights conserved, enough money should be available for defraying the actual expense of those who devote their time free for the benefit of the members of this association.

When we cast surveying eyes over the membership and officers of O. S. P. A. we cannot divorce ourselves from the belief that the officers should be retail druggists actively engaged in the retail business. Other organizations select their officers from the rank and file of their membership, and why should the O. S. P. A. be the exception, and not do so?

In concluding this report we wish to commend those who have been on the firing line for clean pharmacy and respectable vocation.

In this report we have tried to deal with the facts and in doing so we have only done our duty. While we have been free to criticise, we have done so in the spirit of fairness and for the good of the Association, and Lincoln-like, we can say, "With malice toward none, and charity for all," this report is respectfully submitted for your consideration.

Committee: GEO. F. REISER, Chairman,

E. L. EWING,

J. W. DYSLE.

REPORT OF COMMITTEE ON U. S. P. AND N. F. PROPAGANDA.

Not so many years ago a large number of prescriptions filled in drug stores called for proprietary preparations which neither the pharmacist or the prescriber knew any more about than the statement on the label, indicating for this and for that.

The profits on this sort of prescriptions were always on the wrong side of the ledger, and as the pharmacist usually had to buy a full pint of the preparation in order to dispense a few ounces, he would have the balance on hand as dead stock.

Not only that, as the physician would prescribe new preparations as they were exploited to him, the pharmacist very often had to obtain them specially, and his customers would gradually lose confidence in him because he did not have on hand what the physician wanted.

But owing to the U. S. P. and N. F. propaganda work which is being done more or less all over the United States, the pendulum is swinging back and the number of prescriptions for U. S. P. and N. F. preparations is increasing and those for proprietaries are descreasing in proportion.

The National Association of Retail Druggists, the American Medical Association and those pharmacists who have carried on this work deserve great credit for what they have done and are doing in exposing these nostrums and giving the U. S. P. and N. F. preparations their rightful place.

Why should a physician prescribe these secret proprietaries in the first place? Are not the U. S. P. and N. F. preparations of standard composition and strength made according to formulas evolved and tried out by the foremost pharmacists and physicians of the United States?

That this movement has not brought greater results so far, is only due to the fact that a good many pharmacists have neglected to take an active part in the work. With a good many of them it seems to be a case of "Let George do it."

Every pharmacist owes it to himself and his profession, both from the ethical and financial standpoint, to push this work to the limit. Once started, it does not take long to get results and now is the time to start. The physicians are ready to listen to you owing to the work done by the American Medical Association, through their Journal and pamphlets sent out by the N. A. R. D.

Do not hesitate to start at once to get acquainted with your physicians either personally or by "get-together meetings." Show them that you can furnish medicines which are superior to anything else. You have as much and a better right to leave samples with him and tell him of the quality of your preparations than the man who comes around to exploit "Harmless Compound made by Getthemoney & Co." It will not take long and the physician will respect you more for your skill in furnishing such elegant and effective medicines. Your customers will be more pleased with your service, as you can fill their prescriptions at once and don't have to admit that you have to send out for the "stuff." And lastly, your profits on U. S. P. and N. F. preparations are greater than on any proprietary.

In some large cities the druggists have organized and employed detail men to take care of this work, but after all, it is the individual work that counts.

Committee: OTTO E. MUHLHAN, Chairman,

A. B. PRICE,

ADAM SCHMIDT,
CHAS. L. PERRY,

B. S. RUST.

Dr. A. T. Andrews, of New York, delivered an address on Propaganda. His advice was that the propaganda work would not prove a success until the pharmacists paid close attention to detail work among physicians, and let the physician know that they are well posted and able to furnish new medicaments and information concerning them; in other words, inspire confidence in their ability.

John Carnrick was the father of the "detail" idea. Thirty years ago he canvassed his own preparations to the physician. The detail man got his start because the druggists were not doing their duty to themselves by getting close to the physician and talking to him along educational lines--enterprise on the part of the detail man and lack of foresight on the part of the druggist.

To retrieve his lost position he must cultivate the physician, for if the U. S. P. and N. F. preparations are sold over the counter, they will fall into the same position as patents sold over the counter.

He cited Russian Mineral Oil as one of the new preparations concerning which the pharmacist might impart information to the physician to his advantage; the audience then.began asking questions and the discussion turned largely to the action of Russian Mineral Oil and its characteristics.

Dr. Andrews' address was well received and he was given a vote of thanks.

It was announced that a delegation of the Detroit Drug Club would arrive in the afternoon to meet with the O. S. P. A. and the Chair appointed Messrs. Cotner, Bannister and Bowman as a reception committee.

REPORT OF THE COMMITTEE ON UNOFFICIAL FORMULAE.

Your Committee on Unofficial Formulae has nothing in particular to report. The members may infer from this that there is no need of further use for unofficial formulas, but for some reason or other there seems to be a tendency among physicians and pharmacists to neglect or avoid prescribing and preparing even the standardized preparations of the U. S. P. and N. F.

Therefore, instead of adding to the long list of worthy ethical preparations which are hard to improve upon, I would suggest that instead our Association adopt some method to popularize U. S. P. and N. F. preparations with the physicians.

The only way that this can be accomplished is that our Association furnish samples and literature under the name of the Association; this would insure uniformity of preparations throughout the State. In the matter of distributing these samples, I would suggest that this be done through one or two members in each county and in the large cities through affiliated associations. This work, done systematically, is, I believe, the only way in which U. S. P. and N. F. preparations will become more popular among physicians.

There are quite a number of members present from Cincinnati who can testify to the good work accomplished by the Formulary Committee of the O. V. D. A. under this plan several years ago. Committee: F. W. KISKER, Chairman,

REPORT OF THE COMMITTEE ON DRUG MARKET.

This report is made after careful study of the drug market from July 1, 1913 to July 1, 1914. It is not intended to discuss all the fluctuations that have occurred in that time, but only the ones that have been influenced by circumstances more or less interesting. It is also the aim to call attention to some of the causes that have produced fluctuations in prices of some of the most common substances.

Prices of drugs are influenced by many things, such as scarcity of crops, failure of crops, abundance of supply or demand, etc., and also by speculations the same as may cause fluctuations in all markets. Some other things causing the same results are the increase or decrease of tariff,